New Georgia DUI Ignition Interlock Law

GA DUI Ignition Interlock

File an ALS Appeal or Install an Ignition Interlock Device?

NEW IGNITION INTERLOCK OPTION AVAILABLE JULY 1, 2017:

Prior to July 1, 2017, the only way to get your license back and keep driving after an arrest for drunk driving was to file an appeal letter with the GA Department of Driver Services (DDS) within 10 business days of your arrest. This letter can be filed by your attorney along with a $150 filing fee. The purpose of this letter is to request a hearing with the Office of Safety Administrative Hearings (OSAH) in an effort to stop your license from getting suspended.

“Filed” means that you can obtain a hearing in front of an OSAH judge if you can prove a postmark or a certified mail letter stamped within the 30 days, or by physically delivering your payment to GA DDS headquarters.

How to Get My License Back

The address where your letter an application fee should be sent is 2206 East View Parkway, Conyers, Georgia 30013. The phone number is 678-413-8400. The DDS Customer Contact Center is open Monday – Friday from 7:00 AM – 12:30 PM and from 1:00 PM – 5:15 PM.

Starting July 1, a second option is to elect to install an ignition interlock device (IID) on your vehicle and NOT file an appeal. This is a major change to GA DUI law, and it opens up new ways for your lawyer to fight your charges. As with any new criminal law, there are stipulations, deadlines you cannot miss, and exclusions:

  1. Within 30 calendar days of your arrest, you must go to the Georgia DDS to apply for an ignition interlock permit.
  2. Then, within 10 days of getting approved for the permit, you must have it installed at a state-approved installation company.  Keep in mind that you will pay for this install, plus you will pay a monthly monitoring fee.
  3. The interlock must be on your car for at least 120 days IF you agreed to take a breath, blood, or urine test after being arrested.
  4. If you REFUSED chemical testing, the interlock must be on your vehicle for 12 months and cannot be removed for any reason – even if you are found not guilty, or the final outcome is a reduction to reckless driving.

Who Is NOT Eligible For The GA DUI Interlock Program?

The IID option is NOT available to drivers under 21 years of age, CDL commercial license holders, anyone with at least one DUI conviction in the past 5 years from ANY state, and any out-of-state license holders.

DUI License Suspension

What Happens If I Don’t File a License Suspension Appeal or Apply for an Ignition Interlock?

If you do nothing (don’t file an appeal or request an IID) within 30 calendar days, your Georgia license will be suspended for 120 days if you agreed to take a chemical test. This automatic license suspension takes effect on the 46th day after the date of your arrest. You will also be eligible for a temporary restricted driving permit. This permit allows you to drive back and forth to work or school, and a few other necessary destinations. NEVER drive with a suspended license, especially if your DUI case has not been settled.

If you REFUSED a blood, breath, or urine test, and you miss the 30-day deadline, your driving privileges will be suspended for 12 months beginning on the 46th day after your arrest date, and you won’t be eligible for a temporary driving permit.

Kohn & Yager Can Help You Choose the Best Option For You

The new ignition interlock option is not for everyone. Having to blow into a tube inside your vehicle every time you want to go somewhere is both embarrassing and possibly harmful to your job if coworkers ride with you. Call Larry Kohn and Cory Yager to request your FREE initial consultation, and they will review the facts in your case plus your personal situation, and recommend the best course of action. Our GA DUI law firm is open 24 hours a day, 7 days a week, and on all major holidays.

 

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GA DUI Defense

Georgia DUI Defense

Georgia DUI Defense

Georgia DUI lawyers Larry Kohn and Cory Yager have defended thousands of clients who faced serious driving under the influence charges. These arrests occurred because a police officer either noticed a person driving erratically, or a police roadblock stop led to an arrest for DUI alcohol or DUI drugs.

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DUI Eye Test

GA Drug Schedules

What Is the Eye Test That Police Use During a DUI Investigation?

The DUI eye test is officially known as the horizontal gaze nystagmus, or HGN. Police officers in Georgia use this test a lot to gather evidence that the person they pulled over is driving under the influence of alcohol. During this roadside test, the officer will instruct the driver to stand straight facing the officer. The officer then holds up their finger or a small penlight, and asks the person to follow their finger or light with their eyes.

A Georgia State Patrol officer demonstrates how to properly instruct a driver how to perform the DUI eye test.

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DUI Drugs – Drugged Driving Lawyer

DUI Drugs Lawyer

Georgia DUI Drugs – Drugged Driving

How Can Police Determine If I Was High While Driving?

Georgia DUI Drugs Lawyer

“Drugged driving” means controlling a motor vehicle while under the influence of any drug, intoxicating fumes, or marijuana. Testing blood is inaccurate in determining what drug was taken or when, so Georgia uses “per se” laws, which mandate that it is illegal for a driver to have any drugs in their system.

DUI Drugs Penalties

These are difficult charges, since marijuana can show up in a blood test for a month, or you may be taking a legal prescription. If you are considered to be impaired, you have committed a crime by driving.

  • Operating a vehicle in Georgia equates agreement to blood or urine testing; refusing is a contract violation and your license is automatically suspended. You have ten days to fight this charge.
  • Drugged Driving First Offense: a fine of up to $1,000 and 24 hours in jail, with further jail time of up to a year possible. Community service, probation, and enrollment in a risk reduction program are also likely.
  • Second Offense DUI Drugs: 72 hours in jail, with possible additional time of up to one year; the fine may be up to $1,000. Community service, probation, and mandatory alcohol or drug treatment, as well as a risk reduction program, are likely. Your license may be suspended for up to three years. You could get an ignition interlock device installed on your car.
  • Third DUI Drugged Driving: up to a year in jail, community service, drug/alcohol rehabilitation, and probation. Your license is revoked for five years. An ignition interlock device is likely.
  • Drugs Fourth DUI and after: a felony. Up to five years in prison and fines up to $5,000. You could lose your vehicle permanently.

You Need the Best Drugged Driving Attorney in Atlanta

Because the penalties for a drug-related DUI conviction are so severe, drugged driving charges should not be taken lightly. Do not trust your future to a court-appointed public defender. Call Larry Kohn, Cory Yager, or Bubba Head immediately to go over your case details. Our Atlanta DUI drugs lawyers are on call 24 hours a day, including weekends and holidays.

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GA DUI Marijuana Penalties | DUI Drugs Attorney

Ga Drug Cases

DUI Drugs in Georgia Usually Means DUI Marijuana

GA DUI Laws: DUI Drugs is Potentially Worse Than a Conviction for DUI Alcohol

In Georgia, a driver can be charged with “drugged driving” if he or she was in control of a motor vehicle while under the influence of marijuana. Marijuana can create a positive blood test for up to a month after you smoke or ingest it, so a blood test could be positive and you could be incorrectly charged. This is the “per se” law in Georgia, which states that you cannot have any amount of any drug in your system when driving.

GA DUI Marijuana Penalties | DUI Drugs

Having a Georgia driver’s license is like having a contract with the State of Georgia. Under the Georgia implied consent law) you agree to submit yourself for chemical testing (i.e., giving a breathalyzer, blood test or urine test) after being lawfully arrested for DUI drugs, when police read you the implied consent notice in Georgia.

Refusing this test can mean a one-year driver’s license suspension, as an administrative penalty for DUI in Georgia.

GA DUI Marijuana License Suspension

Under recent changes to Georgia DUI law, you now have 30 CALENDAR days to save your right to drive by requesting an administrative review hearing. Plus, for most Georgia licensees, you now have another option for anyone with a first offense DUI within the past 5 years, by agreeing to install (and paying to install and monitor) an ignition interlock device on your vehicle.

What Are the Penalties for Marijuana DUI?

Driving under the influence of marijuana (or any other drug) has multiple consequences that are more harsh than DUI-alcohol cases. This list highlights those tough consequences:

  1. First offense: a misdemeanor, but carries a fine of up to $1,000 and 24 hours in jail, with further jail time of up to a full year possible.
  2. Mandatory alcohol or drug screening and treatment, as necessary (based on your evaluation)
  3. Second marijuana DUI offense: a minimum 72 hours in jail, with possible additional time (judge’s discretion) of up to one year;
  4. A fine of up to $1,000.
  5. Surcharges for DUI drugs are DOUBLE the fine amount, which is worse than for DUI alcohol.
  6. Community service is required in all cases, with 40 to 480 hours, depending on the offense (1st DUI, 2nd DUI in GA, 3rd DUI, etc.)
  7. Probation for a full year, less any days that your serve in jail.
  8. DUI classes, which is called the risk reduction program, in Georgia. The DUI school certificate will be needed to get early license reinstatement.
  9. Last but not least, TOTAL license suspension for at least 6 months, and up to three full years.
  10. Third DUI drugs offense: A statutory minimum of 15 days in jail and up to a year, community service, drug or alcohol rehabilitation, and probation; license revocation for five years; an ignition interlock device is likely. A 3rd DUI within 5 years can also trigger habitual violator status.
  11. Fourth DUI drugs offense and after: a felony. Fines up to $5,000, with not less than 90 days to five years in jail or state prison.
  12. DUI penalties could be harsher if you were transporting a child (or children) under age 14 while under the influence of alcohol or any drug including weed, or if you had an accident involving injury or a death.

Marijuana DUI Jail Time

 

Georgia DUI Marijuana Lawyer

Call Our 24 Hour Georgia DUI Marijuana Lawyers

Call GA DUI lawyers Bubba Head, Larry Kohn, or Cory Yager at (404) 567-5515 to get the best DUI marijuana defense in Georgia. We have helped thousands of clients who were wrongly accused of driving under the influence of marijuana.